How Do I Bring a Claim Against a State or Government Entity?
Can you sue the government? Are you able to seek the same kinds of damages if, say, you were hit by a state trooper’s car while it was speeding through an intersection, or you are a state employee yourself who is suffering discrimination at work? The short answer is “yes,” you can bring a claim against a government entity, such as the State of Illinois in the Illinois Court of Claims. However, there are some crucial differences between suing an individual and suing a government entity, especially if that entity is the State.
In this article, we will discuss a few fundamental rules that you must follow when bringing a claim against the State of Illinois. If, after reading this article, you have questions about your own circumstances related to a claim against a government entity, we invite you to call us today for a free consultation.
Will Sovereign Immunity Keep Me from Suing the State?
You may have heard about the concept of sovereign immunity, which refers to the ancient rule that an ‘individual cannot sue the king.’ The idea of sovereign immunity has carried forward into modern times, and thus, you generally cannot sue the government unless the government says you can.
Fortunately for Illinois residents, the State government has a procedure that lets its citizens and businesses obtain remedies for injuries caused by State officials or agencies. However, the procedure is different (and trickier) than a regular lawsuit in circuit court. To assert a claim against the Illinois State government and its employees, you need to bring your claim under a law known as the Illinois Court of Claims Act, and you must pursue your lawsuit in the Court of Claims rather than the circuit court.
What Claims Can I Bring Under the Illinois Court of Claims Act?
The Court of Claims Act lists the types of claims an individual or business can bring against the State of Illinois. These types of claims include:
- All claims under State law or regulation, other than Workers’ Compensation claims;
- All contract claims against the State;
- All compensation claims for those unjustly imprisoned in State prison;
- All personal injury, i.e., “tort,” claims against the State and any of its agencies; and
- All claims under specific State compensation laws.
As you can see, there are several avenues through which you may seek compensation for an injury caused by the government’s negligence or contract breach. That said, there are also several rules specific to the Court of Claims that you need to follow when suing the State. If you fail to follow the Court of Claim’s particular rules, you may lose your ability to “have your day in court” at all.
How Do I Bring a Claim Against the State of Illinois?
To bring a claim against the State of Illinois, you must first file a written notice with the State Attorney General and the Clerk of the Court of Claims. The Court of Claims Act requires that your written notice include:
- The name and address of the injured party;
- The date and time of the accident;
- The location of the accident;
- A brief description of what happened in the accident and
- The name and address of the claimant’s attending physician.
What Are the Important Court of Claims Deadlines?
To ensure that your case is heard, you must adhere to strict time limitations. You have two options when bringing an injury lawsuit in the Court of Claims. For injury claims, you must either file your claim or a tort notice within one year of (1) the date of injury or (2) the cause of action accrued.
For other claims, the time limitations vary, as an or example:
- Contract claims must be filed within five years.
- Claims made by vendors under The Illinois Public Aid Code must be brought within one year.
- Claims brought under other statutes have varying deadlines specified in the relevant legislation.
- Claims not specifically detailed under the statute, and injury claims with a tort notice timely filed, must be brought within two years after accrual.
How Can an Attorney Help Me Sue a State or Government Entity?
Illinois’ Court of Claims provides an essential avenue for individuals and businesses harmed by the State to bring their actions. The rules and limits detailed above are only a few of the many rules that apply to the Court of Claims. An individual or business must comply with all Court of Claims rules, as cases can be dismissed for failure to abide by them. Because the Court of Claims’ rules and procedures are very different than those in a regular circuit court action, retaining the help of a seasoned attorney who has previously handled cases in the Court of Claims can significantly affect the outcome of your lawsuit.
Suing the State or a government entity can be daunting. If you are considering bringing a claim against the State of Illinois, call us at (312) 779-1818 or fill out our online contact form for further assistance and advice.
